Court : Kolkata
Decided on : Apr-22-1966
Reported in : AIR1967Cal119
..... to by the learned subordinate judge in his judgment.32. mr. sen next submits that in view of the provisions of sections 126 and 127 of the contract act the plaintiff's suit should succeed. we have heard discussion of the said question but in the view we take, it is unnecessary for us to ..... be taken most strongly against him. it is also a familiar doctrine that where the words of instrument are ambiguous, the court may call in aid. acts done under it as a clue to the intention. the best evidence of what was understood by the plaintiff to be the nature of the transaction is ..... weighed with the learned subordinale judge was that the security was for all future liabilities either of himself or of his subordinates but not for the past acts or defaults of himself or his subordinates. it was a safeguard only for all future contingencies. according to the plaintiffs as well as the learned subordinate ..... if he shall, whilst he shall hold the said office or any other office requiring security to which he may be appointed, or in which he may act, always, duly perform and fulfil all and every duties thereof respectively and other duties which may from time to time be required of him while holding any ..... government met in any way, suffer, sustain or pay, by reason of the misconduct, neglect, oversight or any other act of omission of the said amarendra nath sarkara or of any person or persons acting under him or for whom he may be responsible. '4. now the condition of the above written bond is such .....Tag this Judgment!
Court : Orissa
Decided on : May-16-1966
Reported in : AIR1966Ori228
..... for the promise of the latter to discontinue the criminal proceeding. such a transaction would be opposed to public policy under section 23 of the contract act. the party on whom the onus rests must discharge it by proof of clear and satisfactory evidence. see air 1965 sc 166, ouseph poulo ..... 7-1958 is unenforceable under section 23 of the contract act as the arbitration agreement intended to stifle criminal prosecution; and (ii) the award was not made a rule of the court under section 14 of the arbitration act, 1940 (hereinafter referred to as the act), and, as such, it cannot he relied upon ..... consent of parties, their properties were divided equally by metes and bounds by the arbitrator as mentioned in the award, that the award was acted upon and in accordance with the division sulla and defendant were in separate and exclusive possession of ka and kha schedule lands respectively in their ..... ka schedule land. the parties thus remained in separate possession of the lands allotted to them. the award and the deed of gift were acted upon. (ii) there is no proof that any non-compoundable criminal litigation was pending between sulla and the defendant. there was thus no agreement ..... trial court recorded the following findings:(i) partition was effected between sulla and the defendant only by the award and not by any other independent act; and (ii) certain criminal offences were pending between sulla and defendant and those were sought to be compromised by arbitration agreement. the award given .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-25-1966
..... that some essential feature of the transaction has been omitted. but, at the same time, in cases where it is considered that the language of the contract is susceptible of two interpretations, it not unknown that the courts do resort to the surrounding circumstances to find out the intention of the parties and it ..... thus appear that decision was based on the construction of the rule itself having regard to , and in the light of, the various provisions of the act under consideration. in the result, my conclusion on this point is that gupta was entitled to salary free of super-tax as well and this is ..... s case : 53itr158(sc) rule 2(2) (c) of schedule i to the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands act, 1950 fell for consideration and the question was whether for computing the compensation super-tax had to be deducted besides the income-tax from the gross income under rule ..... us by the learned counsel for the company between the two expressions as used in the act. the argument on behalf of the company is that when the law has chosen to use two different expressions, the agreement referring to only one of ..... a little while ago. what then is the meaning to be given to the words 'free of income-tax'. perusal of section 55 of indian income-tax act, 1922, would show that super-tax is nothing but 'an additional duty of income-tax .....' i am conscious of the distinction sought to be pressed on .....Tag this Judgment!
Court : Kerala
Decided on : Jul-13-1966
Reported in : AIR1967Ker190
..... he has first pursued and with which his subsequent conduct is inconsistent. all these doctrines presuppose a conscious and deliberate exercise of right. but, in the present cases the parties acted under a mutual mistake regarding the law of inheritance applicable to them. still, i do not think that the position will be different. if under a mutual mistake one party .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-02-1966
Reported in : AIR1968Raj14
..... of the constitution on 26th january. 1950. and is now represented by the present state of rajasthan as it was constituted under the states reorganisation act. 1956 (act no xxxi of 1956). it is further common ground between the parties that the first united state of raias-than issued ordinances no 27 of 1948 ..... does not apply to this case and we are further of the opinion that if the present suit is not governed by article 89 of the limitation act, which we have discussed above, the only other article that could properly apply is article 120 which prescribes a period of 6 years of limitation, ..... by the state as collection charges was governed (and this is the only surviving bone of contention at this date) by article 109 of the limitation act, while the learned counsel for the appellant strenuously contended before us, as he did in the court below, that the correct article applicaple to the ..... land rent and forest for the year 1951-52. according to learned counsel, the correct article applicable to the suit is article 120 of the limitation act and on this footing the claim for the year in question, it is contended, would also be within limitation. in the second place, the contention ..... connection that the plaintiff's suit was governed by a three vear period ol limitation although it was not stated specifically which article of the limitation act would govern the case and what would be the precise period from which limitation would start running curiously enough, in the second paragraph of its .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-10-1966
Reported in : AIR1967Cal99,70CWN623
..... this case is dated 22nd october 1962 and clause (aa) in sub-section (1) of section 40 was introduced in the act by the land acquisition (amendment) act, 1962 (act xxxi of 1962) which came into force on 12th september 1962. the declaration under section 6 was made on the 23rd october ..... finally decided that the acquisition should be proceeded with. mr. ganguly who heard the objections under section 5-a of the land acquisition act made his recommendation for dropping the acquisition proceeding on the fooling that the ram krishna mission bad other lands at their disposal and so ..... the appellants on this point is that the report of the additional land acquisition collector made under section 5-a of the land acquisition act shows that the additional land acquisition collector sudhirendranath ganguly recommended that the proceeding for acquisition of the lands in question should be dropped as ..... government to perform the functions of a collector under this act. '11. at the hearing before us the learned advocates for the respondents have produced before the court the calcutta gazette dated 11th june ..... before us. it may be pointed out however, that the expression 'collector' has been defined in section 3(c) of the land acquisition act as follows :'the expression 'collector' means the collector of a district and includes a deputy commissioner and any officer specially appointed by the appropriate .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-04-1966
Reported in : AIR1966SC1974; 3SCR815
..... khan's case i.l.r. (1953) nag. 702 , was concerned with the right of an ex-lumbardar to continue after the coming into force of the act, a suit for possession of abadi land which had vested in the state. in the present suit a number of reliefs which himatrao claimed are with respect to ..... two lower courts being one of the fact was binding on the high court, the high court has erred in the view which it took of the provisions of the act and of the decision in chotte khan's case i.l.r. (1953) nag. 702 . 4. what we have, therefore, to consider is whether the ..... (g) of the act. clauses (i) and (ii) of this provision give the definition of home-farm in relation to the central provinces. but with that definition we are not concerned ..... 3. it is not disputed on behalf of the respondents and indeed it cannot be disputed, that home-farm land is not affected by the provisions of the act. in other words, such land was not acquired by the state but was left with the owners thereof. the definition of home-farm is given in section 2 ..... high court on behalf of pusaram that the suit for partition had become infructuous because of the provisions of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (no. i of 1951) and, therefore, as held in chotte khan v. mohammad obedullakhan i.l.r. (1953) nag. 702, the suit should be dismissed. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-28-1966
Reported in : AIR1966SC1721; 3SCR676
..... inter alia, that subject to the provisions of s. 16 every person who, at the commencement of this act, is tenant of land, shall, subject to the provisions of this act and subject further to any contract not contrary to s. 4 be entitled to all the right conferred and be subject to all the ..... we may refer to two definitions which are relevant. 'tenant' has been defined by s. 5(43) of the act as meaning a person by whom rent is or but for a contract, express or implied, would be payable and except when the contrary intention appears, shall include a co-tenant or a ..... to the normal relationship between the mortgagor and the mortgagee and their respective rights and obligations as determined by relevant provisions of the transfer of property act. having made these observations, however, this court has taken the precaution to point out that even in regard to tenants inducted into the land by ..... on the ground that they had not surrendered possession of the property to the appellant as alleged by him and that under the relevant provisions of the act they were entitled to remain in possession of this property. on these pleadings the learned sub-divisional officer framed two issues. they were : no. 1 ..... liabilities imposed on khatedar tenants under the act. in other words, as soon as s. 15 came into operation on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1966
Reported in : AIR1967SC181; SuppSCR1
..... these facts that the sale by the selling agents to customers was a transaction in which the manufacturers were not interested and there was no privity of contract between the manufacturers and the ultimate purchasers. reference may be made, in this connection to the following passage from blackwood wright, 'principal and agent', ..... within one month, and some other contracts within two months. all the contracts provided that time should be the essence of the contract. if the defendants were acting only as agents for the sale there is no reason why there should be a stipulation in the contract as to the time fixed for the ..... the statement of account with the expenses of the cable. even so, if the defendants were simply acting as agents for the sale there was no need at all to fix the price in the contract as between them and the plaintiff. it was contended for the plaintiff that according to the ..... . there is also a further condition in the contracts ..... delivery and the stipulation that time should be the essence of the contract .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-25-1966
Reported in : AIR1967SC333; SuppSCR38
..... therefore, recognised by the statute. but the question is whether an agent can sue the principal for accounts. there is no such provision in the indian contract act. in our opinion, the statute is not exhaustive and the right of the agent to sue the principal for accounts is an equitable right arising under special circumstances and is ..... in these appeals is whether the plaintiff is entitled to sue for accounts, he being the agent and the defendant-surat firm being the principal. section 213 of the indian contract act specifically provides that an agent is bound to render proper accounts to his principal on demand. the principal's right to sue an agent for rendition of account is, ..... from, its terms : proviso (1) ............................proviso (2) ............................ proviso (30) the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. ......................................'. 11. it was submitted by the solicitor-general that the high court has found that there is an agreement between the parties ..... the surat firm is that the plaintiff is precluded from setting up a parole agreement by reason of the provisions of s. 92 of the evidence act which states : '92. when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved .....Tag this Judgment!